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Can a Family Judge attend a conference/symposium/panel ...


Sent to Legal Experts May 05 2:15 p.m.

Can a Family Judge attend a conference/symposium/panel meeting of a Family Law Organization, where she does not intend to speak on the panel, but only attend, for free? In other words, can she accept to have her cost of attendance paid for?

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Hackensack, New Jersey

Already Tried:
Lexis search, Google Search. Most concerned with the aspect of payment for attendance....the Judge does not intend to speak and is not an honorary guest or speaker, just plans to attend, but has been offered to attend free of charge. The organization deals with ADR and settlement of Family claims, and the individuals in attendance will be attorneys, judges and mental health professionals.
Customer (name blocked for privacy)
Status: Closed   Value: $15   
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May 05 4:55 p.m. (2 hours and 39 minutes later)
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Hello Customer (name blocked for privacy),

Yes, I believe that he probably can. The New Jersey Code of Judicial Conduct Can Be Found Here. There are a couple of provisions of the Code which might be applicable. to the conduct you describe. They are as follows:

Canon 5. A Judge Shall so Conduct the Judge's Extra-Judicial Activities as to Minimize the Risk of Conflict With Judicial Obligations

D. Financial Activities

(4) Neither a judge nor a member of the judge's family residing in the same household should accept a gift, bequest, favor, or loan from anyone except as follows:

(a) a judge may accept a gift of nominal value incident to a public testimonial; books supplied by publishers on a complimentary basis for official use; or an invitation to the judge and the judge's spouse to attend a bar-related function or activity devoted to the improvement of the law, the legal system, or the administration of justice

Canon 6. A Judge Shall Not Receive Compensation for Quasi-Judicial and Extra-Judicial Activities

A judge may not receive compensation for the quasi-judicial and extra-judicial activities permitted by this Code but may receive reimbursement of actual expenses that the judge reasonably incurred for travel, food, and lodging, provided that the source of such payments does not give the appearance of influencing the judge in the exercise of judicial duties or otherwise give the appearance of impropriety.

Canon 4. A Judge May Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice

A judge, subject to the proper performance of judicial duties, may engage in the following quasi-judicial activities if in doing so the judge does not cast doubt on the judge's capacity to decide impartially any issue that may come before the court and provided the judge is not compensated therefor:

A. A judge may speak, write, lecture, and participate in other activities concerning the law, the legal system, and the administration of justice.

I think, of these provisions, the first - Canon 5(D)(4) - is probably the most relevant. As long as the fee for attending is nominal and is not really compensation, I think the gift would be fine.

I hope this answers your question.

Thomas



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My answers are for informational and educational purposes only. They should not be taken as legal advice. In addition, no attorney-client relationship is created by my answers.
PictureThomas Swartz  -- Lawyer -- 100% Positive Feedback on 231 Legal Accepts
Seventeen years experience as New York, New Jersey lawyer, and publisher of online legal newspaper

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